Welcome! How can I help with your legal question? Do I have a legal right to help my husband while we have an ongoing

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Customer: Welcome! How can I help with your legal question?
Customer: Do I have a legal right to help my husband while we have an ongoing case of separation?
JA: Have you spoken to an attorney about this?
Customer: Yes, to my lawyer of separation just to update the current situation of the repercussions of whatever.
JA: What other steps have you taken so far?
Customer: I called up last night an Agency for Abuse Elders in behalf of my husband recurring abuse from his children. That is the reason why I come up to your site.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, I filed a separation In Jan 12/20 for the reason of emotional/financial abuse from my husband and our last communication is May/20. with the knowledge that he had medical conditions going on due to stress to maneuvering our separation by the children. Until after 7 months of recovery, he came to know the abuse of the children acting they are the owner of the farm. So he told me many horrible things while he is away. He was moved to the 2nd town, Tara, near the house of the elder son. He has no more decisions including his finances and other things which he wanted to take back. He wanted me to come to his place to help him of many things regarding documents and other legal actions of its nature. Much to my desire to help him, I am hesitant to do it, if I still have to do it while we have an ongoing case of separation. He said he will not sign a separation agreement and he want me to live with him again for the last 2 years in his life, according to his diagnose he called "fogged brain".
JA: OK. Got it. I'm sending you to a secure page to join JustAnswer. While you're filling out that form, I'll tell the Expert about your situation and then connect you two.
Answered by Debra in 3 mins 2 years ago
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Debra
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174572 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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174572 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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174572 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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116 Lawyers are online right now.
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Is your spouse mentally competent to make decisions about his finances and his care?

Customer
No, I don't think so.He is still smart based on our conversation.
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Debra, Expert

Did he earlier appoint you under a POA?

Are you saying he is or is not competent?

Customer
No, I have no money to fund this inquiries. Im sorry. I thought it's free for 7 days.
Customer
I am saying he is mentally competent based on our conversation. I found him still smart except for some terms of forgetfulness.
Customer
He was asked to have a POA and it is his daughter in law.
Customer
It is his daughter in law who assisted him for medical check up as he is deprived to drive for my husband's no reason at al, according to him. One doctor said he cannot drive. One doctor said he can still drive. And after the one doctor who said he cannot drive, my husband found out, he then resigned and no longer in the clinic.
Customer
I am receiving $250.00 before the separation and $61.30 for my pension as I am only recent in these country, 7 years long.
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Debra, Expert

Your spouse is mentally competent he can appoint whoever he likes under a POA. If you think he is being unduly pressured then that is another matter of course. So he may be competent but fragile and easily manipulated.

If you think that is the case then your best next step would be to file a report with the Public Guardian and trustee. They will step in and investigate.

Or, if he is competent and wants to appoint you under a POA he can revoke the other POA and appoint you and then you would be in charge.

Do you see what I mean?

Customer
I'm more on writing skills than hearing comprehension. Yes my question is how are we going to have a new POA since the 1st one was done before pandemic.AM always asking, how does it affect our in process with our lawyers of Separation Agreement that my husband is not going to sign it! Tnx.
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Debra, Expert

I don't take calls anyway. I just work online.

If your spouse wants to make a new power of attorney then he can do that. He is competent. And he can have a lawyer do it by way of video conference or he can just draft it himself or you can and it can be signed and witnessed.

You can still go ahead with the separation agreement. What do you want to do is help your spouse protect himself if he becomes in competent. You just want to make sure that his care is OK. Do you see what I mean?

Customer
Can it not be done on your end? Am I talking to a lawyer herself, now? Or it must be his lawyer in town? Thanks.
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Debra, Expert

Of course you are talking to a lawyer but I'm not your lawyer. You can retain your own lawyer if you want but it can't be me. The site doesn't allow that and I'm also retired.

Customer
is my physical appearance needed in the farm for the POA, no repercussion at all to our Separation Agreement in process?
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Debra, Expert

Your physical appearance is not needed on the farm. I don't see how it could have any repercussions on your separation agreement if you are two adults consenting. You are not reconciling.

Customer
Ok, I appreciate your patience with me. Thanks.
Customer
Very much
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Debra, Expert

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
This is only for Debra.
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Debra, Expert

Please start your new post here:

https://www.justanswer.com/law/expert-debra/

But I do have to go off-line for a couple of hours probably so could you wait for a while to post your new question?

Thanks

Customer
Again, my question is. Shall my husband go to the same lawyer of his old POA to revoke it or he can find another lawyer for my POA?I'm suffering from discrimation ever since from his place since I am a Filipino national. The daughter in law, by his eldest son, has so much influenced to my husband. She is 26 years old. And you cannot blame me to think that the lawyer in their town might be biased on her side.
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Debra, Expert

Then take them to another lawyer for sure!

Customer
Thanks again. Will suggest that to my husband. Am I right to call him still my husband according to your law.
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Debra, Expert

Yes as he still is your spouse.

Customer
As if my husband wanted us to reconcile again proposing to come to the Phil's and stay there in my house for good. I am thinking that maybe it would be practical for me to gjust get him from his place to my place, for our health system. What will be the repercussion to my present lawyer, if I decide to reconcile. Thanks.
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Debra, Expert

Nothing. You would just pay what you owe the lawyer and tell them you are putting things on hold.

Customer
One more sensitive question, my husband is telling me about the surviving spouse in his Great West Life Insurance , will it be affected if we got a separation agreement. The POA holder also change his Will of Testament leaving me $5,000 when he died, according to my husband. What is it all about? How will I know if it's true and valid. Thanks again.
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Debra, Expert

No one can change the will except for your spouse. It's absolutely impossible.

If he still designates you as his beneficiary under the life insurance policy you will get that. You can make that a requirement under the separation agreement.

Customer
Thank you very much for the information. I understand that in his Will when we got married that he showed to me a copy. But he said, another Will was constructed by her daughter in law and signed by him of the said statement. Do I still have my legal rights now and up to when! Thanks.
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Debra, Expert

Well if you were going to reconcile tell him you need a new will done.

I don't know what you mean when you ask if you still have any legal rights now but if he dies you can make a claim under the family Law act instead of going by what the Will gives you.

I do have to stop now because it's quite late and I have to go to bed. If you find you need more help tomorrow would you please start a new post because I only get paid once per post.

Thanks and have a good night.

Customer
Your the best in the West! I learned from you so much. Shall I give you my maximum $$$ I was able to sleep then before you say Good Night. Good morning and wish you the best of luck. Keep safe and best of health too. ❤️❤️❤️
Customer
My question is if that was my rights as spouse until now, how long will it take effect my rights being inspite the separation? And what are my rights too if I die ahead of him? Thanks.
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Debra, Expert

Thanks for those kind words. Could you please start a new post because I only get one paid once for a post and this is a very long post?

Thanks!

Customer
My question is how long will my rights take effect if we are SEPARATED by law?
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Debra, Expert

There is no such thing as being separated by law and if you sign a separation agreement then the separation agreement will state when things have to be done by.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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